Australia: Queensland Government Bulletin - 21 March 2018

Last Updated: 24 March 2018
Article by Paul Venus, Stephen Burton, Suzy Cairney and Trent Taylor

Most Read Contributor in Australia, September 2018

In the media

Coroner considers whether headlocks should be treated in same way as one-punch strikes
A coronial inquest in central Queensland considers whether neck compression or restraint that causes death should be treated in a similar way to one-punch strikes to the head as it looks into the death of Tracy Ann Beale, who died when her husband put her in a headlock during an argument (16 March 2018). More...

Re-appointment of National Children's Commissioner
The government has announced the re-appointment of Ms Megan Mitchell as the full-time National Children's Commissioner, for two years beginning on 25 March 2018 (15 March 2018). More...

In practice and courts

Law Council consults on Review of Australian Solicitors' Conduct Rules
The Law Council is undertaking a review of the Australian Solicitors' Conduct Rules. This is the first comprehensive review of the Rules since they were first promulgated in June 2011. The Law Council's Professional Ethics Committee has developed a Consultation Discussion Paper for the Review and invites comments and submissions on the issues raised and discussed. The closing date for Submissions is 31 May 2018, which may be lodged here. More...

ALRC Review of the Family Law System – Call for submissions
The Australian Law Reform Commission (ALRC) has released an Issues Paper for its Review of the Family Law System, and is calling for submissions from the public. The Issues Paper released today provides discussion of issues identified in the Terms of Reference, and asks questions about how they could be addressed.
The ALRC invites submissions in response to the 47 questions and analysis in the Issues Paper, which is available on the ALRC website at alrc.gov.au/publications. Submissions are due to the ALRC by 7 May 2018.

Queensland

QLS: What to do if you become aware of claim farming
Claim farming involves the unsolicited contacting of people about an accident they may have been involved in. This practice breaches advertising restrictions and can involve harassing and bullying tactics. MAIC is investigating reports of claim farming and asks that if you become aware of any situations in which you suspect claim farming may be occurring, to please contact MAIC on 1300 302 568, via the website, https://maic.qld.gov.au (14 March 2018).

CCC: Fraud and Corruption Control: Best Practice Guide
This Guide has been designed for use by practitioners responsible for implementing or reviewing an organisation's fraud and corruption internal controls. It consists of an introduction and an integrated framework of 10 key elements important in developing an effective fraud and corruption control program (09 March 2018). More...

CCC: Review of the Terrorism (Preventative Detention) Act 2005
The Terrorism (Preventative Detention) Act 2005 (TPDA) is being reviewed to determine the need for and effectiveness of this legislation. The TPDA (section 83A) requires the Police Minister to review the need for and effectiveness of the TPDA, and table a report in Parliament by 19 November 2018. In March 2017, the Minister gave his approval for the review to be conducted by the Crime and Corruption Commission (CCC). The CCC will provide a report to the Minister in September 2018.

New Queensland Judgments website March 2018
The new, free Queensland Judgments website has now been launched by the Incorporated Council of Law Reporting for the State of Queensland and the Supreme Court Library Queensland.

Published – articles, papers, reports

Restitution and Compensation Orders: issues and options paper
Anusha Kenny, Megan Styles; Sentencing Advisory Council (Vic): 13 March 2018
This issues and options paper forms part of the review of restitution and compensation orders in Victoria. More...

A crisis of trust: The rise of protest politics in Australia
Danielle Wood, John Daley, Carmela Chivers; Grattan Institute: 12 March 2018
This report argues that if the major parties and politicians want to rebuild trust with voters, they will need to change the way they do politics: stop misusing their entitlements, strengthen political donations laws, tighten regulation of lobbyists, and slow the revolving door between political offices and lobbying positions. More...

Cases

Ogawa v Australian Information Commissioner [2018] FCA 266
ADMINISTRATIVE LAW – application for review of a decision made under s41(1)(a) of the Privacy Act 1988 (Cth) not to investigate an interference with the Applicant's privacy – consideration of the application of National Privacy Principles 1, 2, 3, 4 and 10.1 by the decision-maker – consideration of whether the decision was reasonably open on the evidence. Dismissed.

Acreman v Deputy Commissioner Brett Pointing [2018] QCAT 063
POLICE – DISCIPLINE AND DISMISSAL FOR MISCONDUCT – QUEENSLAND – STAY OF PROCEEDINGS – OTHER MATTERS – where police officer reprimanded and demoted from Inspector to Senior Sergeant for accessing confidential information without an official purpose – where information related to person who made complaint for which police officer was being investigated.
ADMINISTRATIVE LAW – ADMINISTRATIVE TRIBUNALS – QUEENSLAND CIVIL AND ADMINISTRATIVE TRIBUNAL – where application for stay of operation of decision – whether stay desirable – where applicant may have arguable case on review – whether balance of convenience favours stay – where far greater significance is public aspect of staying orders in disciplinary proceedings – where alleged misconduct serious – where prejudice to public substantial – where prejudice to public not mitigated – where individual circumstances do not outweigh need to preserve public confidence in integrity of Queensland Police Service and its disciplinary process – where balance of convenience favours refusal of stay.

Crossman v Department of Transport and Main Roads [2018] QCAT 060
ADMINISTRATIVE LAW – ADMINISTRATIVE TRIBUNALS – QUEENSLAND CIVIL AND ADMINISTRATIVE TRIBUNAL – where application to review decision of department – where respondent made application to strike out review application – where no identified reviewable decision – where no entitlement to internal review and consequently no entitled to external review in the tribunal – where the tribunal does not have jurisdiction – where the proceedings should not progress further.

Trustee for the Estate of the late Darryl Anderson v Rose City Kitchens (Human Rights) [2018] VCAT 338
Application to strike out – person subjected to alleged discrimination died after the alleged discrimination occurred and before an application was made – whether person's legal personal representative can make an application on behalf of his estate – whether application misconceived or lacking in substance for lack of standing by the applicant. Equal Opportunity Act 2010 – s122 and 123.

O'Sullivan v Australian Securities and Investments Commission [2018] FCA 228
ADMINISTRATIVE LAW – appeal from Administrative Appeals Tribunal – whether denial of procedural fairness – where Tribunal failed to consider additional agreed statement of facts and submissions.
ADMINISTRATIVE LAW – whether ASIC had power to disqualify under s206F of the Corporations Act 2001 (Cth) – whether ASIC delegate knew s533 report was incorrect – whether correctness of s533 reports is a jurisdictional fact to enliven ASIC's power under s206F – whether Tribunal had jurisdiction to review decision – whether Federal Court may make findings of fact on appeal from Tribunal - Administrative Appeals Tribunal Act 1975 (Cth) ss43(1), 44(7).

'OG' and Australian Securities and Investments Commission (Freedom of information) [2018] AICmr 31
Freedom of Information — Whether disclosure would disclose the existence or identity of a confidential source of information — Whether disclosure would prejudice lawful investigative methods or procedures — Whether documents subject to legal professional privilege — Whether documents contain deliberative matter prepared for a deliberative purpose — Whether disclosure would unreasonably affect an organisation in respect of its lawful business affairs — Whether contrary to the public interest to release conditionally exempt documents — (CTH) Freedom of Information Act 1982 ss11A(5), 37(1)(b), 37(2)(b), 42, 47C and 47G.

'OE' and Australian Taxation Office (Freedom of information) [2018] AICmr 29
Freedom of Information — Form of access — Whether reasonable steps taken to locate documents — Whether disclosure of personal information is unreasonable — Whether contrary to public interest to release conditionally exempt documents — (CTH) Freedom of Information Act 1982 ss11A(5), 20, 24A and 47F.

Jon Patty and Attorney-General's Department (Freedom of information) [2018] AICmr 28
Freedom of Information — Charges — Request for waiver of charge – Whether giving access to documents is in the general public interest or in the interest of a substantial section of the public — (CTH) Freedom of Information Act 1982 ss29, 55D.

Paul Farrell and Department of Home Affairs [2018] AICmr 27
Freedom of Information — Information as to the existence of certain documents — Documents affecting enforcement of law — (Cth) Freedom of Information Act 1982 ss25, 37(1) and 55D.

'OC' and Australian Building and Construction Commission (Freedom of information) [2018] AICmr 26
Freedom of Information — Whether documents subject to legal professional privilege — Whether disclosure would have a substantial adverse effect on the management or assessment of personnel — Whether disclosure of personal information unreasonable — Whether contrary to the public interest to release conditionally exempt documents — (CTH) Freedom of Information Act 1982 ss11A(5), 42, 47E(c) and 47F.

'OB' and Australian Building and Construction Commission (Freedom of information) [2018] AICmr 25 Freedom of Information — Whether documents subject to legal professional privilege — Whether disclosure would have a substantial adverse effect on the management or assessment of personnel — Whether contrary to the public interest to release conditionally exempt documents — (CTH) Freedom of Information Act 1982 ss11A(5), 42 and 47E(c).

Longley v Chief Executive, Department of Environment and Heritage Protection & Anor; Longley & Ors v Chief Executive, Department of Environment and Heritage Protection [2018] QCA 032
CONSTITUTIONAL LAW – OPERATION AND EFFECT OF THE COMMONWEALTH CONSTITUTION – INCONSISTENCY OF LAWS (CONSTITUTION, s109) – GENERALLY – LEGISLATIVE STATEMENT OF EFFECT OF INCONSISTENCY – where the appellants submit that the company's liability to comply with an environmental protection order arising under the Environmental Protection Act 1994 (Qld) were terminated by a disclaimer under s568 of the Corporations Act 2001 (Cth) – where any inconsistency between the operation of the relevant sections of the Corporations Act 2001 (Cth) and the Environmental Protection Act 1994 (Qld) would be resolved in favour of the relevant sections of the Corporations Act 2001 (Cth) by s109 of the Constitution – whether s5G of the Corporations Act 2001 (Cth) operates to avoid any inconsistency between the operation of the relevant sections of the Corporations Act 2001 (Cth) and the Environmental Protection Act 1994 (Qld).
CORPORATIONS – WINDING UP – CONDUCT AND INCIDENTS OF WINDING UP – APPLICATIONS TO COURT FOR DIRECTIONS OR ADVICE – where the appellant liquidators applied to the court for directions pursuant to s511 of the Corporations Act 2001 (Cth) – whether the appellant liquidators should be directed that they are justified in not causing the company to comply with an environmental protection order – whether the first respondent's costs of the proceeding before the primary judge should be treated as costs in the liquidation of the company.

Legislation

Commonwealth

Defence Force Discipline Regulations 2018
16/03/2018 - This instrument repeals and replaces the Defence Force Discipline Regulations 1985.

Privacy (Australian Honours System) Temporary Public Interest Determination 2018
15/03/2018 - This determination applies to the disclosure of certain information by the Department of Home Affairs to OOSGG and PM&C for the purpose of verifying the Australian citizenship or permanent residency status of individuals who are the subject of: a. nominations for membership or honorary membership of the Order of Australia; b. applications for approval for the acceptance and wearing of foreign awards; and c. consideration for other awards in the Australian honours system.

Sex Discrimination Regulations 2018
14/03/2018 - These regulations remake the 1984 Regulations to continue to prescribe classes of care or services which are 'Commonwealth-funded aged care' for the purposes of the Sex Discrimination Act 1984.

Queensland

Bills

Births, Deaths and Marriages Registration Amendment Bill 2018 – 07 March 2018.

Local Government Electoral (Implementing Stage 1 of Belcarra) and Other Legislation Amendment Bill 2018 – 06 March 2018.

The following bills were passed by the Legislative Assembly on 6-8 March 2018

Police and Other Legislation (Identity and Biometric Capability) Amendment Bill 2018
The Bill was originally introduced into the Legislative Assembly on 15 February 2018. A synopsis of the objectives of the Bill was published in Legislation Update No. 6 of 2018 on 21 February 2018. No amendments were made to the Bill during its passage through the Legislative Assembly.

Subordinate legislation as made

No 25: Civil Partnerships and Other Legislation Amendment Regulation 2018 – 16 March 2018 Amendment of s25 (Information to be contained in death extract); Amendment of sch 1 (Application information); Amendment of sch 2 (Information for certificates).

This publication does not deal with every important topic or change in law and is not intended to be relied upon as a substitute for legal or other advice that may be relevant to the reader's specific circumstances. If you have found this publication of interest and would like to know more or wish to obtain legal advice relevant to your circumstances please contact one of the named individuals listed.

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